Terms of Service

Service: LeavePilot Provider: MAXYMIZE BUSINESS DI GIURASTANTE ROMANO MAXIMILIAN, Via Delle Valli 57, 66010 Canosa Sannita (CH), Italy, tax code and VAT no. IT02747200695, REA no. CH-420087 Contact: support@leavepilot.app Certified email (PEC): maximilian.giurastante@legalmail.it

These terms govern the use of LeavePilot, a platform for managing holidays, leave, remote working and absences. By registering or using the service you accept these terms.

The Italian version prevails / La versione italiana fa fede.

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1. Provider and definitions

1. Provider. The service is provided by MAXYMIZE BUSINESS DI GIURASTANTE ROMANO MAXIMILIAN, a sole proprietorship with registered office at Via Delle Valli 57, 66010 Canosa Sannita (CH), Italy, tax code and VAT no. IT02747200695, entered in the Italian administrative and economic register under no. REA CH-420087. Ordinary contact: support@leavepilot.app. Certified email address for formal communications: maximilian.giurastante@legalmail.it.

2. Definitions. In these Terms the following words have the meanings set out below.

Platform: the LeavePilot service in its application components, together with the documentation describing how it works.

Provider: the party indicated in point 1.

Customer: the organisation that opens an environment on the Platform and on whose behalf data is entered. The party to the contract is the Customer, not the individual who gives acceptance.

Administrator: the person the Customer designates with administration permissions over its environment. They are the recipient of the Provider's communications.

User: the person to whom the Customer grants access to the Platform, as a rule one of its employees or collaborators.

Contract Documents: these Terms and the data processing agreement, which the Customer accepts in the manner set out in article 3, together with the published notices, namely the privacy notice, the cookie notice and the instructions for use of the artificial intelligence function. The notices describe processing and functioning, are referred to in these Terms and are available on the service website; the acceptance provided for in article 3 covers these Terms and the data processing agreement.

Trial Period: the fourteen days of free trial referred to in article 2.

2. The service

LeavePilot provides tools for requesting and approving absences, team calendars, reports and artificial intelligence processing within the limits described in article 8. The Starter plan is free up to 5 employees; the paid plans, the features they include and their prices are described in the pricing section of the service website.

Paid plans include a Trial Period of 14 days, with no credit card required, during which the features of the Pro plan are active.

3. Conclusion of the contract

1. Acceptance. The contract is concluded when the Customer, through a person acting in its name, accepts the Contract Documents by ticking the relevant box in the Platform. Acceptance covers these Terms and the data processing agreement, available at leavepilot.app/legal/dpa and forming an integral and essential part of the contract.

2. Recording of acceptance. For each acceptance the Provider records and retains: the organisation identifier and name, the identifier, email address and name of the person who accepted, the date and time, the originating IP address, the browser used, the event type, the document type, the version identifier and the SHA-256 cryptographic fingerprint of each text accepted, and, where these Terms are among the documents accepted, the specific approval of the onerous clauses. That record constitutes proof of the conclusion of the contract and of its content, and is retained for the duration of the relationship and for the subsequent limitation period.

3. Form and attestation. The parties acknowledge that acceptance given in this way satisfies the written form requirement laid down for the data processing agreement by article 28(9) of Regulation (EU) 2016/679, which expressly allows electronic form, and that no further signature is therefore required. The Customer may at any time download from the administration area, for each accepted document, an attestation reproducing the text in the version it accepted and setting out the details of that acceptance, fingerprint included.

4. Authority. Anyone accepting these Terms on behalf of an organisation declares that they have the power to bind it and accepts in its name and on its behalf.

4. Accounts and Customer obligations

The Customer is responsible for the accuracy of the data it enters, for managing its Users' access, and for lawful use of the service, including compliance with applicable employment law. Credentials are personal and may not be transferred.

Use of the Platform for unlawful purposes, to infringe the rights of third parties, or to attempt to compromise the security of the Platform, is prohibited.

Registration and access are prohibited to direct competitors of the Provider and to anyone acting on their behalf, as is use of the Platform for competitive analysis or for reproducing its features, save with the Provider's written consent.

5. Verification of data and exports

The Platform is an administrative support tool. Balances, counts and exports, including those intended for payroll processing, are calculated on the data entered and configured by the Customer. The Customer verifies the accuracy and completeness of the data before any use of it for payroll, accounting, tax or regulatory compliance purposes. The Provider is not liable for the consequences of the use of unverified data.

The Platform transmits the documents that employees upload, including sick leave certificates, and retains them for the period stated in the privacy notice. Retention of personnel documents, on the terms the law imposes on the Customer as employer, remains the Customer's responsibility and takes place outside the Platform: the Customer downloads the documents it needs within that period.

6. Billing, renewal and cancellation

1. Formulas. The Starter plan is free and involves no billing. For the paid plans the Customer chooses between two payment formulas: the monthly formula, paid one month at a time in advance, and the annual formula, paid in a single upfront payment for the twelve months, at a reduced unit price.

2. Billing. The fee is calculated per active employee per month. Under the monthly formula it is invoiced at each monthly recurrence. Under the annual formula it is invoiced in a single invoice, issued at the start of the period, for the total amount of the twelve months.

3. Renewal. On expiry of the paid period, monthly or annual, the contract renews automatically for a period of equal length, with the corresponding charge on that same expiry date, unless the Customer gives notice of cancellation before that date.

4. Cancellation. Cancellation carries no penalty: no additional amount is ever due beyond what has already been paid or already accrued. Under the monthly formula, cancellation prevents the charge for the following month and takes effect at the end of the current month. Under the annual formula, cancellation prevents the automatic renewal and takes effect at the end of the twelve months already paid in advance: the amount paid for the full period is retained, with no refund for the unused remainder, and no further amount is requested from the Customer.

5. Change of plan. Upgrades and downgrades are possible at any time.

6. End of the Trial Period. At the end of the Trial Period, if the Customer does not activate a paid plan, the environment is not deactivated and the data is not deleted: the features of the paid plans cease and the organisation continues on the free Starter plan, with the employee limit that corresponds to it. Users already present above that limit are not deactivated: it is the addition of new Users that is prevented until the number falls back within the limit.

7. After termination. Data remains exportable for 30 days after termination of the contract. After that period the Provider proceeds in accordance with article 10 of the data processing agreement, which governs the deletion or return of data.

7. Service levels and limitations of liability

The service is provided "as is", with a commercially reasonable commitment to keeping it available and secure. To the extent permitted by law, the Provider's aggregate liability is limited to the amounts paid by the Customer in the 12 months preceding the event. Nothing excludes liability for wilful misconduct or gross negligence.

Content generated by artificial intelligence is informational and does not replace the Customer's own legal or managerial assessments.

The limitations in this article do not apply to the obligations under the data processing agreement to the extent that this is mandatory by law, as provided by article 13 of that agreement.

8. Artificial intelligence and limits on the use of reports

1. How the platform works. Balance calculations, the application of approval workflows, exports, and all tables and charts in reports are produced by deterministic processing. Only one part of the service uses an artificial intelligence model: the descriptive commentary that appears at the end of reports. That commentary is generated automatically, is not reviewed by a person before it appears in the report, and is identified as such by a visible label and by technical marking in the document metadata.

2. What the model does not do. The artificial intelligence model receives no names, identifiers, email addresses or data relating to individual employees: it receives aggregate figures only. It does not approve or reject requests, does not calculate balances, does not assess or rank people, and does not make recommendations.

3. Limits on use. The Customer undertakes not to use the reports, and in particular the data relating to individual employees contained in them, to assess, rank, compare or monitor the performance or conduct of its workers, nor as a basis for decisions concerning recruitment, promotion, allocation of tasks, financial terms, disciplinary measures or termination of employment.

4. Consequences of non-conforming use. The Customer acknowledges that the platform is designed and made available for the administrative management of absences and that, by reason of that purpose, it does not fall among the high-risk systems listed in Annex III to Regulation (EU) 2024/1689. Should the Customer use it for the purposes excluded under point 3, under article 25(1)(c) of that regulation the Customer becomes the provider of the high-risk system, with the obligations that follow, and any liability of the Provider for that different use is excluded.

5. Obligations of the Customer as employer. The Customer is the controller of its employees' data and is bound by the obligations that follow, including the privacy notice to data subjects and, where the conditions are met, the obligations laid down by article 4 of Italian law 300/1970 and article 1-bis of Italian legislative decree 152/1997 concerning instruments from which the possibility of remote monitoring of workers' activity arises, and automated decision-making or monitoring systems. The Provider makes available the technical documentation needed for those assessments.

6. Changes to the function. The instructions used by the model are versioned. Any change that alters its behaviour is notified to the Customer through an update to the instructions for use.

9. Processing of the Customer's employee data

1. Roles. The Customer is the controller of the personal data of its employees and collaborators entered into the platform. The Provider processes that data on behalf of the Customer as a processor under article 28 of Regulation (EU) 2016/679.

2. Data processing agreement. The processing is governed by the data processing agreement, available at leavepilot.app/legal/dpa, which forms an integral and essential part of these Terms. By accepting these Terms the Customer simultaneously accepts the data processing agreement in the version in force at the time of acceptance, indicated on that page and recorded by the Provider.

3. Form. The parties acknowledge that acceptance given in this way satisfies the written form requirement of article 28(9) of the Regulation, which expressly allows electronic form, and that no further signature is therefore required. The recording and attestation arrangements are those set out in article 3.

4. Changes. The Provider notifies the Customer of any change to the data processing agreement at least thirty days in advance, at the email address of the Administrator and by notice in the administration area. Changes concerning sub-processors are subject to the right of objection provided for in the agreement itself. Absent an objection, the new version applies from the expiry of the notice period; previous versions remain available at the addresses indicated on the agreement page.

5. Signed version. A Customer that, for its own internal procedures, requires a signed copy of the agreement may request one by writing to support@leavepilot.app. Signature is not a condition of effectiveness of the agreement, which is already concluded under point 3.

10. Intellectual property

The platform, the LeavePilot trademark and the related content remain the property of the Provider. Data entered by the Customer remains the Customer's, who grants the Provider the licence needed to deliver the service.

The Provider uses the Customer's name or logo as a reference only with its explicit consent, which may be withdrawn at any time.

Suggestions and reports from the Customer may be used to improve the service, with no obligation to pay for them and without the Customer transferring any rights over its own materials.

11. Confidentiality

1. Confidential information. Confidential information means the non-public commercial, technical and financial information that the parties exchange in the course of the relationship, including the pricing applied.

2. Obligation. Each party uses the other's confidential information solely to perform the contract, does not disclose it to third parties and protects it with the care it applies to its own.

3. Exceptions. The obligation does not apply to information that is public or becomes public without breach by the receiving party, to information already lawfully known to the receiving party before disclosure, to information received from a third party entitled to disclose it, or to information that must be disclosed by law or by order of an authority. In the latter case the party required to disclose gives the other prior notice, where this is permitted.

4. Duration. The obligation applies for the whole duration of the relationship and for the 5 years that follow.

5. Personal data. The personal data of the Customer's employees and collaborators is not governed by this article but by the data processing agreement, whose confidentiality obligations remain in force after termination.

12. Indemnity

1. Customer indemnity. The Customer holds the Provider harmless from third-party claims, and from the reasonable costs of defence arising from them, based on unlawful use of the Platform, on breach of these Terms, or on infringement of third-party rights committed through its account or by its Users.

2. Conditions. The Provider informs the Customer of the claim without undue delay, does not settle it without the Customer's consent and allows the Customer to take part in the defence.

3. Reciprocity. The Provider is liable to the Customer for damage caused by its own breach, within the limits of article 7 and, for the processing of personal data, in accordance with article 13 of the data processing agreement.

13. Force majeure

Neither party is liable for non-performance due to events beyond its reasonable control, including natural disasters, wars, acts of terrorism, acts of authorities and general unavailability of communication networks or of infrastructure providers.

The affected party notifies the other without undue delay and resumes performance as soon as possible. If the impediment continues for more than 30 consecutive days, either party may withdraw from the contract without charge, by written notice to the other.

14. Assignment

The Provider may assign the contract in the context of a sale or contribution of the business, or of the business division relating to the service, giving notice to the Customer. The Customer may assign the contract only with the Provider's written consent.

15. Changes to the Terms

The Provider notifies any change to these Terms at least 30 days in advance, at the email address of the Administrator and by notice in the Platform.

A Customer that does not intend to accept the new version may withdraw without charge, with effect from the date the change takes effect. Use of the Platform beyond that date counts as acceptance.

Previous versions are not removed: each stays published at its own address, listed at the foot of the document page and identifiable by its own fingerprint. The Customer may also download at any time, from the administration area, the attestation reproducing the text of the version it accepted.

Changes concerning the data processing agreement follow article 9 point 4.

16. Term, suspension and survival

1. Term. The contract lasts for the term of the plan chosen and renews in accordance with article 6.

2. Suspension for non-payment. In the event of non-payment the Provider may suspend access to the Platform 15 days after a written reminder that has gone unanswered. Suspension does not extinguish the debt, and default interest under Italian legislative decree 231/2002 accrues on overdue amounts. Access is restored upon payment.

3. Survival. On termination of the contract, for any reason, articles 7 (service levels and limitations of liability), 8 (limits on the use of reports), 10 (intellectual property), 11 (confidentiality) and 17 (governing law and jurisdiction) survive, together with payment obligations already accrued.

4. Data after termination. Data remains exportable for 30 days after termination, in accordance with article 6 point 7.

17. Governing law and jurisdiction

These Terms are governed by Italian law.

For customers acting in the course of a business, commercial, craft or professional activity, the courts of the place where the Provider has its registered office have exclusive jurisdiction.

For consumers, mandatory legal protections remain unaffected, including the jurisdiction of the court of their place of residence or elected domicile.

18. Miscellaneous

1. Partial invalidity. The invalidity or ineffectiveness of any clause does not affect the others, which remain valid and effective.

2. Forbearance. Tolerating a breach does not count as a waiver of the right to rely on it later.

3. Entire agreement. These Terms and the documents referred to in them constitute the entire agreement between the parties on the subject matter they govern and replace any prior understanding.

4. Notices. Formal communications are made in writing: to the Customer at the email address of the Administrator registered in the Platform; to the Provider at the certified email address indicated in article 1.

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Questions about the terms? Write to support@leavepilot.app.